1 2025:CGHC:653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9020 of 2024 1 - Lakhan Soni S/o. Shri Jagdish Prasad Soni Aged About 35 Years R/o. Address - 59, Employees Colony, Kalapipal Mandi, District - Shajapur (M.P.) (In Jail) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Kota, District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For State : Ms. Mukta Tripathi, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 06/01/2025 1. Applicant has filed this first bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 27 of 2018 registered at Police Station – Kota, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 420, 409, 34 of the I.P.C., 1860, Section 4, 5 and 6 of Prize, Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that complainant Ratiram Yadav lodged written report to the concerned police station stating that he along with 73 other investors and Agent deposited amount of Rs.50 crores with the Nirmal Infra-home Corporation Pvt. Ltd. (for short NICL) on the assurance that NICL will return double the amount in 6 years. However, when they approached to Branch Office after maturity date, amount was not returned and office was closed. Based on the report, Digitally signed by SHAYNA KADRI 2 aforementioned crime was registered and during course of investigation, police arrested the applicant mentioning him to be one of the Director of the Company. 3. Learned counsel for applicant submits that the applicant has been falsely implicated. Report was lodged in the year 2019, however, applicant has resigned from the post of Director of the Company prior to filing of the complaint. Company was being managed thereafter by one Ashish Singh Chauhan as a Director. Applicant is in jail since 04.12.2021, after completion of investigation, charge sheet has been filed however, till date, charges have not been framed, trial may take some time, hence, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the submission of learned counsel for the applicant. She submits that huge amount has been invested by the investors with the company. She contended that there are other criminal antecedent against applicant. However, she do not dispute submission of learned counsel for the applicant with regard to date of arrest of applicant since 04.12.2021 and that investigation is complete and charge sheet has been filed. 5. At this stage, learned counsel for applicant submits that criminal antecedent which is referred by learned State counsel is arising out of same incident, however, report is lodged by different complainants. There are eight case registered against applicant and applicant has been enlarged on bail in three of the crime. Last bail order with respect to applicant in Crime No. 127 of 2017 registered at Police Station Kanker, District – Kanker (C.G.) is allowed on 02.01.2025 in MCRC No. 9034 of 2024. 6. I have heard learned counsel for the parties. 3 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the respective parties in particular pre-trial detention of the applicant since 04.12.2021, investigation is complete, charge sheet has been filed, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail. 8. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Shayna JUDGE